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Home My WebLink About4500t3cec 19- 4 vs- ��o� `°/f,�. r APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. ROWANCOMMW Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 28, 1997 Appl. No. 4500 - Catherine Harren PARCEL, 1000-100-1-6 STREET & LOCALITY: 3000 Reeve Road, Matlituck DATE OF PUBLIC HEARING: August 28, 1997 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This properly is located in ;in R,-40 Low -Density Residential Zone District, being situate on the easterly side of Reeve Road. This lot contains a total area of 34,646.12 sq. ft. as depicted on the map under this application and is improved with the following as shown on the April 15, 1997 survey prepared by Stanley J. Isaksen, Jr. for Anthony and Tina Abate: one-story wood frame residence, accessory frame garage and shed, both located in the side yard, and a third accessory building (shed) located in the required rear yard. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated Juno 23, 1997 in which applicant applied for a building permit regarding placement of two accessory buildings as located in the side yard area. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of two "as built" accessory buildings located in the northerly side yard area, north of the existing dwelling at the end of the asphalt driveway (40.8 feet from the westerly front property line and 29.2 feet from the northerly side property line, at its closest. points). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the garage is set back 10.8 feet from Reeve Avenue and 29.2 feet from the nearest sideyard property line. The garage has existed in its current side yard location for 35 years with no adverse affects. The small shed, situated behind the garage, is not visable. from Reeve Avenue. It is more than 30 feet from the nearest side yard property line. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance Page 2 - August 28, 1997 Appl. #4500 --C. Harren (1000-100-1-6) Southold Town Board of Appeals because the applicant's attorney has testified that the costs of relocating the garage to a conforming area would be "financially prohibitive" in excess of $7500.00. (3) The requested area variance is not substantial because both the garage and shed exceed the code required front yard and side yard setbacks for principal structures. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the garage and accessory stied are located on a 34,646 square -foot lot, not less than 29.2 feet from the nearest property line. (5) The situation has been self-created because the garage and shed were constructed without a Certificate of Occupancy. (6) This action is the minimum that the Board deerns necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory stied shall not be. enlarged or expanded unless it is relocated to a required rear yard arca. 2. The garage sliall not be enlarged or expanded without review and approval of the Board of Appeals. VOTE OF THE BOARD: AYES: MEMBER'S OSTERMANN, TORTORA, DINIZIO, AND GOEHRINGER. (Member Doyen was absent during deliberations and decision.) This resolution was duty adopted If Actions . all/ 100-1-6 RD P. GOEHRIMGER, Ei.` uD AND FILED BY 12EC THE ;,,,i;Tl-1C)LD TOWN CUMK DATE / /3 / 97 HOUR %2 i Town Clerk, Town of Southold NOTICE OF HEARINGS NOTICE• IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold; the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Hain Road, Southold, New York. 11971, on THURSDAY, AUGUST 28, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 449.8 - Application of Anne M. Shannon. This is a application based upon the June 24, 1997 Notice of Disapproval by the Building Inspector in which applicant requested a building permit to construct a deck addition and accessory shed. Variances are requested under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone, for permission to construct deck addition and accessory shed which exceeds maximum lot coverage of 20o by adding an additional 504 sq. ft. over that allowed by Appeal #4267 dated 9/15/94. Also under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. Location of Property: 27-15 Marratooka. Road, Mattituck, NY. County Parcel No. 1000-123-2-26. Existing total land area consists of 6775+- sq. ft. 6:50 p.m. Appeal No. 4499 - Richard & Pamela Frerking. This is a request for a Variance under Article XXIV, Section 100-244B based upon the July 1, 1997 Notice of Disapproval issued by the Building Inspector Page 2 - Legal Notce August 23, 1997 Regular Meeting Southold Town Board of Appeals in,which applicant applied for a building permit to construct an addition to dwelling which will have an insufficient front setback as a principal building at less than the existing, established 32 ft. nonconforming setback. The Building Inspector has also confirmed that the setback is less than a 35 ft. setback (ref: setback schedule for parcels having 9972 sq. ft. in size). Location of Property: 660 Deep Hole Drive, Mattituck, NY; County Parcel 41000-115-12-9. 6:55 p.m. Appeal No. 4500 - Catherine Harren. This is a request for a Variance under Article IIIA, Section 100-30A.4, based upon the .June 23, 1997 Notice of Disapproval issued by the Building Inspector in which applicant applied for a building permit regarding placement of two accessory buildings as located in the side yard area. Location of Property: 3000 Reeve Avenue; Mattituck, NY; County Tax Map Parcel No. 1000-100-1-6. 7:00 p.m. Appeal No. 4445 - Mary Tangney. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Building Inspector as per Article III, Section 100-32 for the proposed insufficient lot area in this proposed set-off or minor subdivision for two lots, situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2.1 consisting of 143,020 sq. ft. Proposed is the reduction of land area for two parcels, each less than 60,000 sq. ft. in total area. 7:10 p.m. Appl. No. 4501 - E. Nagy. This is a request for a Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: '. Page 3- Legal Notice August 28, 1997 Regular Meeting Southold Town Board of Appeals (1)under Article Il, Section 100-24A.(1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 & 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a remaining house lot of 20,000+- sf. and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requirement for lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width_) 7:15 p.m. Appl. No 4502 - Moore's Lane Development Corp. This is a request for a Variance under Article XXV for permission to construct deck addition to condo unit #60 at 135 R60 Caleb's Way, Greenport, New York; County Parcel No. 1000-40.1-1-60 due to proposed reduction in the front yard setback at less than 35 feet. Zone District: AHD. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.)- Written comments will also be accepted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: July 31, 1997 BY ORDER OF THE SOUTHOLD TOWN BOARD OF .APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski FORM N0. 3 TOWN OF SOUTHOLD BUILDING DEPART`E1T SOUTHOLD, N.Y- NOTICE OF DISAPPROVAL DATE: MiK 23,, -19.97, ... To WICRHAMr WICKHAM & BRESSLER•, P.C._A/C HARREN BO%,.1424.......................... i4ATTITIJCR , N_ Y._ , , , 1 1952, , PLEASE TAKE NOTICE that your application dated ... TITHE z3x____.___ 19.99 . for permit toTWO ACCESSORY BUILDINGS IN THE SIDE YARD "AS BUILT" at ...................... ......•.......... Location of Property .... A000 REEVE AVENUE ________________ MATT_ITUCK, N_Y: _ _ House No. Street Hamlet County Tax Map No. 1000 - Section ..... LQQ... BLOCK ..QI....... LOT ....Q$_ ------ Subdivision ..... .............. ................... Filed Map No. .......... Lot No. ...... is returned herewith and disapproved on the following grounds ACCESSORY BUILDINGS & STRUCTURES SHALL BE LOCATED IN THE REQUIRED REAR YARD. ............. ...... .................. ARTICLE III A 100-30 A.4. .......................................................................................... ACTION REQUIRED BY THE ZONING BOARD OF APPEALS. ................................................................................... ..................................... - ....�--•-----•- �I�G GARY J_ FISH RV 1/80 Rxirni�x:d.................. 19,.. -� FORM No. I TOWN OF SOIITHOLD BUILDING DRPAR'1MEN'r TOWN HALL SOU'riIOLD, N.Y. 11971 TrL: 765-11102 Approved.... ............ 1 19.... Per/lndt No. ............... Disapproved a/c ..S,b?2).�i}...C. x:(.!':..... ......�... ...................................................... 3 -SETS OF PLANS .. My SEPTIC FORM ................... ............................... (lgnilding Tnspector) APPLICATION POR BUILDING PERMrr i NSTRIICi-TONS NOTIFY: CALL. .................. MAIL TO :.................... Date...... a. 'this applicatidm mist be r_anpl.etely filled in by typewriter or in ink and sulmitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Pee according to schedule. b. Plot plan slxraing location of lot and of Ixnildings ort prenises, relationship to adjoining premises or Ind3lic ,streets or areas, and giving a detaileddescription of layout of property mist be drawn on the diagram which is part of this application. c. The work cuu red by this application nrry not be canrencei before issuance of lhtilding Permit., d. Upon approval of this. application, the Building Inspector will issue a Building Permit to the applicant.. Such permit shall, be kept m the premises available for inspection throughout the work. e. No Imilding shall Ile occupied or used in wlmle or in part for any purpose tiiiatever until a Certificate of: (k:rulxnx:y shall have linen g -ranted by Lbe Building Inspector. APPLI(iY1'ICN IS 1lrRBitY ME to the Building Department for the issuance of. a Building Permit pursuant to the Niildiug Zane Ordinance of Oce Town of Sartlwld, Suffolk CsxmLy, New York, and other applicable taws, Ordinances or Regulatious,. for Ole construction of Imildings, acklitiais or alterations, or for removal or demmlition, as herein descrilled. Ilre applicant agrees to canply with all applicable laws, ordinances, Ixcilding code,lxcusing code, a(n/ex(1��, ,(J/q,�, regulations, and to admit audlorized inspectors on premises and in bu*gaj- tne s n mcC'a� !Qz -..,. , .. .. .............. a I.Sf a ' nor name, if a conxtratioc) t'W 1cl 7 .•' ..1'...Q..Rax. (Mailing address of applicant) State uixetlrer applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pltnher or Imilder. Guardian.of:.tlae..ProRettY..of..CatheT) ne. HaTFea................................................................ . Nare of a:ner of premises .... .$?.Xr€n..................................................................... (as at the tax ml or latest (Iced) If. ;lpplicamt is a corlroration, signature of duly antlmrized officer. ............................................ (Nave and title of corporate officer) Builders license No. ,,,... ,.... ........ ...... Pluiiters Licence No . ......................... Electricians License No . ..................... OLber 'grade's License No. .................... I. IncaCian of land on cA.idr pmlxcscr] work will lm ck>ne.000, Reeve-Avenuey,Mattituck, _NY .11952.•....___..,_ ...................................................... ................. ,............ .... .............. Nouse Naober Street Ilanlet Cdxrnty Tax Kup No. 1000 Section ...100........... mock 111........... int ... .0.6......... &dxlivisian.................... ................ ,. Filed Kip No. .............., Int ,...,.......... (Name) 2. State existing use and occupancy of. premises arxl intended use and occupancy of proposed constnretion: Residence and accessor structures a. lixn!atng use axl ncaghard;y .........side ......... acne....y.......................................... b. Lrtemked use and Occupancy ,...... ...................... nQ 1. pilule of %mrk (check t,ridl aplAicable): Msa lkrildiug .......... Nklilion.....A.. .,Attest:ion ..... )... 1Laurir ............ Ilx�rxaval ............. Ikx:xri iLion ...........- Other Ika k- � ....... (Ik pt. icx: 4. Esti iumted ('Writ ................. fee .............................................. ((.o lie fund oo filing this appl icat ilii) 'S. If flt el ling, ollober of ekaellJill, units ............ tivlxr of AkelI iog units at each floor ................ )f garage, txvdrer of cars ..1 .................. .........-------- 6 - .......6. If lxrsinesa, ctawercial or mixed axulkn:cy, slrecify ualure and exLeza of each Ly1xf of use ...................... Qprage 1. lliax:uailxa of existing fitruaures, I ally: Frail:-.... 12:6. ,..., ltear ............... lk�plh 22:6........... ) Ileiglrt ....... N.nlrer of :stories -.1 ........... .....:?"-kot5 j) Q .3,' V..S 2)/ j >L /1 Uiaeus)rxrs of"Sfne stnx:ture with alterations or N1,litio:w: Prost ............... Rear ............ ... I;I ...�. .:'............. Iki LL ..... ....... fkrdx:r of lilnricn ....... .. ...... b 11. Iliux: w:ias of enClre 1n_14 crxrstnu:t Jar Frea:t .. ....... ..... ... Pear ............... Ik'ptlr ... ........... Ik:itJa ... t&lldwr of !Horses ..................... 9. Size of lot: Plan'----?Sd............. Item ...150............. lx�p(h -.......... ......... IU. Itr1e of horhfl!e ..................... tt'nxe of Pun.xrr 0,awr ... ...................... .......... 11. 7xx x: or use district: iu %,hitt prolkcfa ace situated . ...... Re.sid8ntial.................. ....................... 12. I)oe:+ prolwmed ccnrstpxalon violate any mating IIx , Ordinance or rogulat.iun: ..NP .................... Il. Will lot be rellrikled ...... lYR......... Will em:ffas fill be r bve bfi i e Iei�Vickhar�; SEsq MI Ir:. tLnx:a of Ow: er of prem sea MOTTAL1.... tukdresa P,O. MPA .14M Mat tltuc}c_ )1xx+e tk). 29878353..... ...., A,klress 17:are Na . .............. flnne of Architect- .................. ........... .. ..... ....... ...... .. moo of (ixN factor .... -. Nw'ess ...............................Those tk). .............. 15. Is this property within 300 feet of n Lidal we(la:x17 * WS ---- WO ... ...... *IP YI.-S, fX1111Y111) 70NN-IM1510,:S wl"I'l' I"Y 1113 W1ll1lltldh. PLOT DIAGRAM Ixx:ale clearly and distinctly all Ixrildiogs, %,rel.ber exist. Jog or prolxrsed, aril Indicate all set-lux:k than:oainna f run plolietly lines. Give street aril block raadler or descriptioo according Lo skied,mill falw street lures mol irnlirale rather interior or cornu lot. Certificates of Occupancy have beOOa issued for the following Structures: C.O. i1Z681 - Building Permit # 2949 Private one family dwelling C.O. #Z14116 - Building Permit # 14009Z Addition to existing one -family dwelling It appears that the garage was built at or shortly after the time the house was constructed but above C.O. does not include a garage. [AW (M" till YMK h.`i IxIIIIY (w . _SUF.FOS.K ............. ABIGAII. A. WICRHAM..Ix:iog duly ;,aur, delx:se;; ruxl says thatslre i:: IIe appl is:u:r Ithom of irulivid:>i:l :signing rquLl:ld) ;Jxwe wnKtd, �Ikt i:: (ho _.GuardJan. at. rile. PxoPexty. .of-c"Itperi-ne.VAueyl............ ............ ........... .... (t:)ntraclur, ogeut, corlwrate olzi'icer, etc.) I�f c:. id rxa nt r' rrstxematxia, a.xl is duly mrtboc iz.ttil CO Iwr form of have Ixtr foroxal the said wont mxl to nod%e mill fi le (his q,pth;ition; thatall s(ntcmeuts coulai:x:d io this applicatiou are tow to the IN!ft_ of his loxuiedlle mxl Intlief; n:xl ld:t t1:e %,olk will Ile Irerlonred it, tire acanwr set forth in Elie applicat iuu filed therewith - Io before w: thin �r _ .. _ ... ...:...'d/nC/yo f .. M,(?/.y...y." . - -1p9. �9 7�j). . tk:tary MI I: .�,/.--rLKILC.Q 1 r AMY M. BEA$ (.' ,goal :'e of Aril' ant) NOYAUiYAli Will, 6At A ga�'1 A. Y�>:c�C(ham Crxnmla>Aw1 F.nruanCa""Y�. (i 1 � - REED TOWN OF SOUTHOLD, NEW YORK Southold TO= Cle' APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE.............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ABIGAIL A. WICKHAM, Guardian of 1, (We) the Property of Catherine Harrenof ..... P.. 0: box 1424, ................. ............................................... Name of Appellant Street and Number Mattituck New Yrok ......... .... ......... HEREBY APPEAL TO Municipality- State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ....... MMY_9A..1997........................ WHEREBY THE BUILDING INSPECTOR DENIED TO ABIGAIL A. WICKHAM, Guardian of the Property of Catherine Barren ..... _....................._................. ...... Name of Applicant for permit of 3000 Reeve Avenue Mattituck New York .... ...............................................................................:................................................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( V Permit for two accessory structures -in siddayard.- 1. LOCATION OF THE PROPERTY ...........3000 Reeve Avenue, Mattituck, New York R-40 . .............................a........................ Street /Hamlet /� Use pistrict on Zoning Map District 1000 Section 100 Block O1 Lot 06 ......__.Current Owner Catherine Barren _.....-'O- ...__...».._. _ ..... ..... Map o..Lot No. Prior Owner McNulty 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-30 A.4. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance end was made in Appeal No.................................Dated ............................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the premises contain a garage and shed which were constructed 35 years ago in the side yard of the premises. .Form zm'-. (Continue on other side) REASON FOR APPEAL Continued STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- scry HARDSHIP because the garage was constructed in 1962, shortly after the house was constructed, and was attached to the residence with a fence which still exists. The owners applied for and were granted a permit for an addition in 1985, copy attached, which clearly shows the existence of the garage. The shed was added sometime thereafter. Relocation of the structure would be financially prohibitive. Applicant has been unable to obtain further information because Mr. Barren is deceased and Mrs. Barren is mentally incompetent and unable to remember any details about the construction. The date of construction is established by the accompanying affidavit of Henry Lutz, the original of which is on file with the Building Department. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a large lot and the structures are modest in comparison. The sideyard exceeds 30 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of the property will not change. It will continue to be a single family residence with a frame garage and accessory shed as it has existed for 35 years. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) ^................... ...................... . ..... . Signature Abigail A Wickham Sworn to this ... /OV .:............... day of ...................... TuLy.......................... 19 97 ..... ............. .. ........ .................... ........................... ............... otary Public DOW cK MARY PUBLICmstatte of Yrrrk Nc.4851459: Suffwk.CO9UT4. Term Expires August 18, 19'r I- Ta- OF SOUTHOLD F. WERTY RECORD CARD OWNER STREET, -} (,! VILLAGE DISTRICT SUB. LOT fl �A��ri� /T rncc M • J) - — ---- FORMER OWNER N E AC EAGE II -T.IYtll D " a {� { ung t�rre7) Gi ��VPI) S W TYPE OF BUILDING RES. r ' q I Gi �U SEAS. VL. FARM COMM. IND. CB. MISC. LAND IMP. 'TOTAL DATE REMARKS �µ {yc((/�>f Ll t �c ( 0o ---- _----- o'-'"-� '—._ ___ .. G^m L_.a 1 a r 01 ---- (� J...6 ,'« r5 r5 /SU .-. , r Int ''r- 'r�II%a7�p51c3,'ii�Ai(P.(1`io M` F- l/O IVICk{1C401nSlun;dev)dj)�air N, C, n AGE " `� %UILDING CONDI I 7 Z -- Farm Acre Value Per Acre Value/ c r i _i=L 1 f'27 �L�IGLPGia21__E'%�G�! I Ff�z Tillable 1 Tillable 2 Tillable 3 Woodland Swampland------ --------- --- -- Brushland,e' i House Plot Total O K Bldg, L, 12-6 Foundation Both Extenslo n Basement Floors Et nsion Ext. WallsInterior Finish Of Extension Fire Place Heal Porch Attic Porch z' Rooms 1st Floor Patio Breezeway Rooms 2nd Floor Garage Driveway 6 0. B. a -'LZLI LL —41LI, 4 V—'6 n-", f 1—L/� /jf f, k7L t "AL: SDUNyr AvE. D y..,.�--- N R=100.00' . A=131.65 MAP OF SUBDIVISION OF SALTAIRE ESTATES. h LOT 9 W 1 N 730 UO` 30't r 226.34' FD. CN TYC- 9w" FENCE FOC LD1 N of N 40.8° zzs' ASPHALT. D -w N FRAME - - W GARAGE �- - 40.4° 2RAME OOD 295a�378' I S 73° 00' 30" W MAP OF SUBDIVISION OF SALTAIRE ESTATES LOT f0 LOT 23 FD CN j�j a Z Yv, r� a FD CN FV CN iD CNV 23Z27� L LOT 22 TM 1000-100-01-06 MAP OF SURVEYED 15 APRIL 1997 SCALE I"= 40' DESCRIBED PROPERTY AREA= 34,646.12 .5.E OP SITUATE 0. 7954 ACRES MATTI TUCK (OREGON) TOWN OF SOUTHOLU SUFFOLK COUNTY, N.Y SURVEYED FOR: ANTHONY N. ABATE TINA M. ABATE GUARANTEED T0: ANTHONY N. ABATE TINA M. ABATE FIDELITY NATIONAL TITLE INS. CC, NORTH FORK BANK TOWN OF SOUTHOLD SURVEYED BY: STANLEY J. ISAKSEN, JR PO. BOX 294 NEW SUFFOLK, N. Y. 11956 Guarantees indicated here on shelf res only to the person for whom the sural Unauthorized alteration or odd'iflon to Nt is Prepared, and on his behalf to the survey is a violation of Section 7209 of title company, Govermentcl Agency, the New York State Education Law. lending institution, if fisted hereon, and to the assignees of the lending institution, Guarantees are not trans erzble to odditional institutions or s.ksaauent Qdkam Capias of this survey map not bearing the Land Surveyors embossed semi shall nit be considered to be a valid true mnv. 97R 627 JUN 10 '97 08:34AM SOUTHOLD TOWN HALL 516 765 1823 ' FORM NO. t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765.1802 P.1 d i Receve... . .. .'....., i9 .. , .... , , Examined Approved .. 444.14K 4. 19 KPermit No. J. 4.009. t Disapproved a/c ...................................... (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .....-, ?-, ...... 19d'r INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. C. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone brdinance of the Town of Southold, Suffolk County,, Now York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (ignature of apQliani, or name, if a corporation) err" (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....... ra e-jil_ Dc' i�........ ..................... Name of owner of premises . <. /..�..°g/��/�) C-' A=/.. 4rt- �.... -'6.- ....... ...... . (as on the tax roll or latest deed) if applicant is a corporation, signature of duly authorized officer. (Name and title of corporate Micer) Builder's License No. .... /-:� .............. . . Plumber's License No. .. , ........ 1 ......... Electrician's License No. ...................... Other Trade's License No . .................. . 1. Location of land on which proposed work will be done. . F. ,�! •"fie G/e �� .��E'•..........,11$.?'T'r. House Number Street Hamlet County Tax Map No. 1000 Section 100.0:7 /0.0 ... Block ."'.l....... . , iot ..... ..... , ..... . Subdivision. _.............. ........ Filed Map No. .. Lot ... ....... . . . (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .. 1. �� / �J �,G / ��.:.... .. .............. . . ........ b. Intended use and occupancy .... Ad l-7.... i;:°A 4 4, c t JUN 10 '97 08:35AM SOUTHOLD TOWN HALL 516 765 1823 P.2 3. Nature of work (check whirl Aicable): New•Building ............ Ad. ...... , , . Alteration Repair Removal ..... . . ....... Demolition.. Other Work . .. . d"20. • to • • • • • (Description) 4. Estimated Cost .. j o oe �� A . • .............. Fee.................... (to •be paid on filing this application) S. If dwelling, number of dwelling units .. . ............ Number of dwelling units on each floor .. Ifgarage, number of cars ................... I ........... ............ , . I ..... • , ......... ; .. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............ . . . . . . .. . 1. Dimensions of existing structures, if any: Front • • , Rear .............. Depth ........ Height ............. Number of Stories ............ , ... • . • . • .... , . - .... Dimensions of same structure with alterations or additions: Front .... Depth ...................... .....,. .Rear.....,......... .. Height ............... Number of Stories 8. Dimensions of entire new construction: Front ............ • , . Rear ....... • , ...... Depth .... .. . • Height ..... • ..... • ... Number of Stories ............. 9. Size of lot: Front ... • , ...... . Rear ..... • . I ............. . Depth .. . 10. Date of Purchase ... , • • .... , , • • • • • • , , • • • , , - Name of Former Owner 11. Zone or use district in which premises are situated ... W.... , , • • ....... ....................... 12, Does proposed construction violate any zoning law, ordinance or regulation: . 13. Will lot be regraded , . A(q .... Will excess fill be removed• • ; � • • • � • of from of Yes �N� 14. Naive Owner -of premises A/- ,/• �f►!� c °1{1 • , Address • , jV V p� , Phone No. ` Name of Architect , . .. .. Address • • • • • • • • • - . • • - - Naive of Con .X < .;� r� Phone No. Contractor . /.� .� f. S,• /.�''.kddress .. /Y /9 T. ........ Phone No.. PIAT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set -back dimensions from property lines. Give street and block number or description according to deed, and show.street names and Indicate whether interior or corner lot. A_ r R' Al go •r - STATE OF NEW�JOR S.S COUNTY OF�► ' •�G M a• • -'. • •� ` �� y. • being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the .......... 13 0 />c'xf ......................................................... .............. (Contractor; agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to snake and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the inanner set forth in the application filed therewith. Sworn to before me this ............ vac day of .... ±, ... , , .., 19 V. Notary Public, ........... �.. County t ELIZAB AM NEWLIE ..../..........., . .. . NOTARY Ft! G M& of Nn Yak (Signature opplican t) Na U412M & dk Tine DOM at" 14 > APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio. Jr. Lydia A. Tortora Maureen C. Ostermann �o��S�ffO(,�caG A W _ BOARD OF APPEALS TOWN OF SOUTHOLD September 3, 1997 Abigail A. Wickham, Esq . Wickham, Wickham & Bressler, P. C. P.O. Box 1424 - Main Road Mattituck, NY 11952 Re: Appl . #4500 - Catherine Harren ( Variance ) Dear Ms. Wickham: Southold Town% 53095 Main Road P.O. Box 1179 \ Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's two-page determination rendered at our August 28, 1997 meeting. You may wish to follow-up with the Building Department in obtaining their approvals. We have today furnished a copy' to the Building Inspector's Office for their files and permanent update. Very truly yours, Linda Kowalski Enclosure Copies of Decision also given to: Building Department (Attn G. Fish, Issuing Insp. ) 11 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen James Dinizio, Jr.. Lydia A. Tortora Maureen C. Ostermann 1� krflr �� tf1� BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town H h. 53095 Main Road \ P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF AUGUST 28, 1997 -Appl. No. 4500 - Catherine Harren PARCEL 1000-100-1-6 STREET & LOCALITY: 3000 Reeve Road, Mattituck DATE OF PUBLIC HEARING: August 28, 1997 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the easterly side of Reeve Road. This lot contains a total area of 34,646.12 sq. ft. as depicted on the map under this application and is improved with the following as shown on the April 15, 1997 survey prepared by Stanley J. Isaksen, Jr. for Anthony and Tina Abate: one-story wood frame residence, accessory frame garage and shed, both located in the side yard, and a third accessory building (shed) located in the required rear yard. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated June 23, 1997 in which applicant applied for a building permit regarding placement of two accessory buildings as located in the side yard area. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: For approval of two "as built" accessory buildings located in the northerly side yard area, north of the existing dwelling at the end of the asphalt driveway (40.8 feet from the westerly front property line and 29.2 feet from the northerly side property line, at its closest points) . REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because t lie garage is set back 40.8 feet from Reeve Avenue and 29.2 feet from the nearest sideyard property line. The garage has existed in its current side yard location for 35 years with no adverse affects. The small shed, situated behind the garage, is not visable from Reeve Avenue. - It is more than 30 feet from the nearest side yard property line. (2) The benefit sought by the applicant cannot be achieved by some mat.hod, feasible for applicant to pursue, other than an area variance Page 2 - August 28 -)97 _ Appl. #1500 - C. Harren (1000-100-1-6) Southold 'Town Board of Appeals because the applicant's attorney has testified that the costs of relocating the garage to'a conforming area would be "financially prohibitive" in excess of- $7500.00. (3) The requested area variance is not substantial because both the garage and shed exceed the code required front yard and side yard setbacks for principal structures. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the. neighborhood or district because the garage and accessory shed are located on a 34,646 square -foot lot, not less than 29.2 feet from the nearest property line. (5) The situation has been self-created because the garage and shed _were constructed without a Certificate of Occupancy. (6) This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory shed shall not be enlarged or expanded unless it is relocated to a required rear yard area. 2. The garage shall not be enlarged or expanded without review and approval of the Board of Appeals. VOTE OF THE BOARD: AYES: MEMBERS OSTERMANN, TORTORA, DINIZIO, AND GOEHRINGER. (Member Doyen was absent during deliberations and decision.) This resolution was duly adopted. GERARD P. GOEHRIi�GER, CHAIRMAN Actions . all/ 100-1-6 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application AFFIDAVIT of CATHERINE HARREN (Name of Applicants) ------------------------------------x AFFIDAVIT OF mA41blx POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ANTHONY ABATE , residing at 3000 Reeve Avenue, Mattituck New York, being duly sworn, depose and say that: On the 18th day of August , 199 7, I personally posted the property identified as District 1000', Section 100 , Block 01 , Lot 06 , by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held August 28, 1997 ). Sworn to befor me this (signature) day of 199 . ABIGAIL A. WICKHAM !Votary Public, State of New York N r Public No. 52-4642871 y Qualified in Suffolk County Commission Expires Sept. 30, S.Z (Please return to the office of the Board of Appeals when completed. Thank you_) r BOARD OF APPEALS:TOWN OF SOUTHOLD �C -----------------------------------x �Id I In the Matter of the Application AFFIDAVIT of CATHERINE HARREN (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING YAXDD2WBMNft COUNTY OF SUFFOLK) STATE OF NEW YORK) I, AMY BEASLEY , residing at c/o 10315 Main Road, Mattituck, New York, being duly sworn, depose and say that: 1) On the 14thday of August , 193 7 , I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing, Address See attachment Sworn to before me this (s lmature) day of S ' 199%. ANN MAW MAIt®1�i1ftT Id0 NOTARY I�UC, S%% of ftW ydA n n Rio -01 MAM62300 i otaryP lic Qualified in Suffolk Coun rommic¢inn Fxoires July 1, olf (Please return to the office of the Board of Appeals when completed. Thank you_) �y r BOARD OF APPEALS:TOWN OF SOUTHOLD �C -----------------------------------x �Id I In the Matter of the Application AFFIDAVIT of CATHERINE HARREN (Name of Applicants) ------------------------------------x AFFIDAVIT OF MAILING YAXDD2WBMNft COUNTY OF SUFFOLK) STATE OF NEW YORK) I, AMY BEASLEY , residing at c/o 10315 Main Road, Mattituck, New York, being duly sworn, depose and say that: 1) On the 14thday of August , 193 7 , I personally mailed, by certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surrounding Property Owner Mailing, Address See attachment Sworn to before me this (s lmature) day of S ' 199%. ANN MAW MAIt®1�i1ftT Id0 NOTARY I�UC, S%% of ftW ydA n n Rio -01 MAM62300 i otaryP lic Qualified in Suffolk Coun rommic¢inn Fxoires July 1, olf (Please return to the office of the Board of Appeals when completed. Thank you_) Re: Application of Catherine Harren Premises: 3000 Reeve Avenue, Mattituck, New York SCTM# 1000 - 100 - 01 - 06 LIST OF SURROUNDING PROPERTY OWNERS Mr. Ricardo Comellas Mr. and Mrs. Antonios Savopoulos Mr. and Mrs. William F. Ahern Mr. and Mrs. John C. Hallinan Mr. and Mrs. Thomas A. Flader Mr. and Mrs. William Meyran Mr. and Mrs. Richard Dormer 21/abatezba MAILING ADDRESS 5 .Stacy Court Shirley, New York 11967 2995 Reeve Road Mattituck, New York 11952 Box 411 Kings Park, New York 11754 P.O. Box 1224 Mattituck, New York 11952 605 Saltaire Way Mattituck, New York 11952 795 Saltaire Way Mattituck, New York 11952 22 Louisa Court Northport, New York 11768 STATE OF NEW YORK) ) SS: C F SUFFOLK nicyr. of Mattituck, in said County, being awy sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New. York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for _I weeksccessi ely, mencing on the _day of� m P19� huho—aw Principal Clerk Sworn to before me this day of Lt - 19_ i 7 ��• wiz�� 1 MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK NO. 524655242 SUFFOLK COUNTY COMMISSION UPMES AUGUST 31,19'71 .-u,u uy the BbM4:- Inspector in which appli- cant a for a building permit ' regaidi_ _ _ cement of two accessory I buildings as located.tn the side yard area. . location ``°of .` Property:: 3000' Reeve• Avenue, :Mattituck,7NY, County Tax Map'Parcel No. 1060-100-1-6. 7:00 p.m: Appeal No."4445 : - Mary lbngney. This is a request for a Variance based "upon the March 20,1996"Action ofDisapproval by the"Building Inspector" • as perArticle III, Section 100-32 for the proposed insufficient lot area in this pro- posed set-off or minor subdivision for ifwd lots, situated along a private night - " of -way extending from Little Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2:1 ;consisting of 143,020 sq.. fl,' Proposed is the reduction of land area for two,' parcels,:" each , less . than 80'000 stir total'& o``iKa = �Applwo Naggy. This Is a request for a.Waiver under Article dI, Section. 100-26 based upon `� the'''July' ". 7,'' 1997 Notice of :Disapproval Disapproval of the Building Inspector two reasons: (1) under Article II, Section 100-24A."1 j land area identified; is •1000-27-442 and'160b-17-4-3 were 'created by deed in 1965 and do not meet " "the minimum lot requirements (12,500'. SO and (2).underArticId-Ii, secfl6n`100- 25A, • total: land iirea . merger; exists for -1000-27=4-1; 2 & 3 having.been field in common'ownership'afterJuly 1;'1983. Locatlon of Property: Harbor Road, Ori. exit, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 lot width as to 1000-274-3 &.2, and with a'remaining " house lot of 20,000 ± St. and lot width of •100 feet as • to 1000-27.4-1.. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requirement for lots created between April 1957 thm November 1971 at 12,500 sq. ft. and 100 ft. lot width.) 7`15 03ii: Ap`pl N&.4302M�1G1oop�- a `� ----------- -- - - Lane— Development Corp-' This is 'a - request for a Variance under Article ' XXV for permission to construct deck " addition to condo unit #60 at 135 R60 — Nt;71.10E Uk HEARMUS Caleb's Way, • Oreenport, New. York; NOTICE IS. HEREBY;OIVEN; put-, County Parcel,"ljo. 1000-40.1-1-60 due suant to Section:267'of tlie., law •"': end the.Code of.the,'' '"'; of Southold;•'::. ;to proposed reduction in the front yard • setback at, less Phan' 35. feet.'. -Zone the following applications will W held .:. for•pubiic hearings by the SOUTHOLD `.: ;' :.The Board of Appeals will at. said TOWN BOARD OFAPPEAIS'at the , • time and place hear any,and,all persons Southold Town Hall,' - 5305 Main. Road, " :, , • or representatives desiring to be,heard in Southold; New York'i1971onTHURS• ' - the above applications. The above hear - DAY, •AUGUST. 28; ;1997: at the: times ' ' , ;ngs will not start before the time desig- noted below (or as soon thereafter a's " • nated. Each file,is available for review P� )�``' •'"' '�• '. '.: during regular business trouts (8-4 p.m.). •, 6:45... p.m.` Appl: No::.4499' "- Written comments will also be accepted Application of Anne M. Shannon. This, . '• before that hearing is concluded. If you is an application based upon the June 24,' , ". ; . have questions, please do not hesitate to 1997 Notice' of.• Disapproval =by 'the 611765.1809. ' Building Inspector: in • whichapplicant ,' . Dated: July 31, 1997. ' requested, a building permit to wnstruct .. • : BY ORDER OF THE SOUTHOLD a deck addition' and accessory 'shed. TOWN BOARD OFAPPEA' IS Variances are requested ,under Article 2, -„ ; r., ^C,ER1�,D_ G911HRINGE]; , .; IIIA; Section Ido -30A 3, BiilliSchedtite. . • Chairman ' "for in the R 40 zone, pemltission to con- $y Linda Kowalski struct deck addition andaocessory shed .;1089=1TAu7 which exceeds maximum lot coverage of I ; 20% by adding an'additional 564 sq: fl. over that allowed by Appeal #4267 dated 9/15/94. • Also" under Article' XXIV, Section100=244 for nonconforming lots, the deck will tie less 35 feet [ A�17 addition than -'{ from" the rear- lot line:'. Location of .', Property: • 2775 Marratooka.', : Road, , Mattituck, NY County Parcel No: "1000- Iland 123-2-26:'F-xisting total "area con- ststs of 6775± sq. ft.;- . :<,.. ;,..; r . . 6:50" 0 _',Appeal. Noi``4499 ''= APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 �o�oSUFFo��, O� o G?� C/� Z BOARD OF APPEALS TOWN OF SOUTHOLD July 31, 1997 Re: Appl. #4500 - Variance (Harren) Dear - Ms . Wickham: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 For your records, please find enclosed a copy of the Legal Notice which will be published in -the upcoming issue of the Suffolk Times. As soon as may be possible, please send a copy of the legal notice or similar description which confirms the hearing date, time and place and outline of your application by certified mail -return receipt requested, to all surrounding property owners; including -property owners across streets or vehicular rights-of-way. Also enclosed is a sign to be posted at the subject property within ten (10) feet from the front property line for a period of seven (7) days, or longer at your choice. Please return the following to us, together with the completed Affidavits of Mailing and Posting: a) postmarked receipts from the post office showing the date you mailed the notices by certified mail; b) green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have questions, please feel free to call. Very truly yours, Linda Kowalski Enclosures 1nag.97/1n1tr8.28p2 K � I NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main, Road, Southold, , New York 11971, on THURSDAY, AUGUST 28, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4498 - Application of Anne M. Shannon. This is a application based upon the June 24, 1997 Notice of Disapproval by the Building Inspector in which applicant requested a building permit to construct a deck addition and accessory shed. Variances are requested under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone, for permission to construct deck addition and accessory shed which exceeds maximum lot coverage of 20% by adding an additional 504 sq. ft. over that allowed by Appeal #4267. dated 9/15/94. Also under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. Location of Property: 2775 Marratooka Road, Mattituck, NY. County Parcel No. 1000-123-2-26. Existing total land area consists of 6775+- sq. ft. 6:50 p.m. Appeal No. 4499 - Richard & Pamela Frerking. This is a request for a Variance under Article XXIV, Section 100-244B based upon the July 1, 1997 Notice of Disapproval issued by the Building Inspector I Page 2 - Legal Notic August 28, 1997 Regular Meeting Southold Town Board of Appeals in which applicant applied for a building permit to construct an addition to dwelling which will have an insufficient front setback as a principal building at less than the existing, established 32 ft. nonconforming setback. The Building Inspector has also confirmed that the setback is less than a 35 ft. setback (ref: setback schedule for parcels having 9972 sq. ft. in size)-. Location of Property: 680 Deep Hole Drive, Mattituck, NY; County Parcel #1000-115-12-9. 6:55 p.m. Appeal No. 4500 - Catherine Harren. This is a request for a Variance under Article IIIA, Section 100-30A.4, based upon the June 23, 1997 Notice of Disapproval issued by the Building Inspector in which applicant applied for a building permit regarding placement of two accessory buildings as located in the side yard area. Location of Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-100-1-6. 7:00 p.m. Appeal No. 4445 - Mary Tangney. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Building Inspector as per Article III, Section 100-32 for the proposed insufficient lot area in this proposed set-off or minor subdivision for two lots, situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2.1 consisting of 143,020 sq. ft. Proposed is the reduction of land area for two parcels, each less than 80,000 sq. ft. in total area. 7:10 p.m. Appl. No. 4501 - E. Nagy. This is a request for a Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: Page 3 - Legal Notic.- August 28, 1997 Regular Meeting Southold Town Board of Appeals (1) under Article II, Section 100-24A. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) under Article II, Section 1.00-25A, total land area merger exists for 1000-27-4-1, 2 & 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a remaining house lot of 20,000+- sf. . and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requirement for lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width.) 7:15 p.m. Appl. No 4502 - Moore's Lane Development Corp. This is a request for a Variance under Article XXV for permission to construct deck addition to condo unit #60 at 135 R60 Caleb's Way, Greenport, New York; County Parcel No. 1000-40.1-1-60 due to proposed reduction in the front yard setback at less than 35 feet. Zone District: AHD. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.) . Written comments will also be accepted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: July 31, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski X Twc' accessory3ui��n9s- As NOTICE OF HEARIN Bui L -r 1 ,L cca i kil-S NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: F -or C. NR�R�ii1 �rv7Nan�Y t T, 1 , i� DATE OF PUBLIC HEARING: -t%A of-_ 2 fAl 1 19 1 � 55Pr If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 3 a.m. and BOARD OF APPEALS • TOWN OF SOUTHOLD (516) 765-1809 n/05 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. TYPE 11 ACTION DECLARATION r. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 28, 1997 Appeal No. 4500 Project/Applicants:- Catheri6e Harren County Tax Map No. 100G- 100-1-6 Location of Project: 3000 Reeve Ave., Mattituck, NY Relie= Requested/Jurisdiction Before This Board in this Project: Two accessory buildings "as built" in the side yard area This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 7ga.-A of the Town of Southold. An Environmental Assessment (Shcrt) Form has been submitted; however, Section '017.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA fSection 617.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQFa determination as an involved agency. For further information, please contact the Of=ice of the Board of appeals, Town Nall, Main Road, Sou -hold, N°_' 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town :all Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER F011rCOG C= CA Z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: July 17, 1997 RE: Zoning Appeal No. 4500 - Catherine Harren Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4500 - CATHERINE HARREN by Abigail Wickham for a variance. Also included is: Letter of Transmittal from Abigail Wickham, dated 7/16/97; Notice of Disapproval, dated June 23, 1997 with building permit application attached; Short Environmental Assessment Form; ZBA Questionnaire; and survey. Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 Attn: Linda Kowalski Re: Applicant: Abigail A. Wickham, Guardian of the Property of Catherine Harren Premises: 3000 Reeve Avenue, Mattituck, NY SCTM# 1000-100-01-06 Dear Linda: MELVILLE OFFICE. 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO. 516-249-9484 Enclosed are the following documents regarding the above application: 1. Application; 2. Short Form Environmental Assessment Form; 3. Questionnaire; 4. Original and six prints of survey showing all existing structures. 5. Filing fee in the sum of $300.00, to the order of the Town of Southold; 6. Notice of Disapproval from the Building Department. If you require any further information, please advise. Thank you. Ver truly yours, Abigail A. Wickham AAW/mh encls. 30/shdtnboa 1 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J. BRESSLER ABIGAIL A. WICKHAM 516-298-8353 LYNNE M. GORDON JANET GEASA TELEFAX NO. 516-298-8565 JEFFREY STARR HUBERT F. SULLIVAN July 16, 1997 Town of Southold Board of Appeals Town Hall Main Road Southold, New York 11971 Attn: Linda Kowalski Re: Applicant: Abigail A. Wickham, Guardian of the Property of Catherine Harren Premises: 3000 Reeve Avenue, Mattituck, NY SCTM# 1000-100-01-06 Dear Linda: MELVILLE OFFICE. 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO. 516-249-9484 Enclosed are the following documents regarding the above application: 1. Application; 2. Short Form Environmental Assessment Form; 3. Questionnaire; 4. Original and six prints of survey showing all existing structures. 5. Filing fee in the sum of $300.00, to the order of the Town of Southold; 6. Notice of Disapproval from the Building Department. If you require any further information, please advise. Thank you. Ver truly yours, Abigail A. Wickham AAW/mh encls. 30/shdtnboa 1 TOWN OF SOUT11OLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE.............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUT'HOLD, N. Y. ABIGAIL A. WICKHAM Guardian of 1, (We) the Property of Caherine Harrenof P.: 0. box 1424, Name of Appellant St . t ....... S.. ..an....d ... Num ........ b ............................... reeet er Mattituck New Yrok . Municipality State ............HEREBY APPEAL TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR 01.1 APPLICATION FOR PERMIT NO. .. DATED ........ MaY...gj 7 WHEREBY THE BUILDING INSPECTOR DENIED TO ABIGAIL A. WICKHAM, Guardian of the Pro_Perty.of Catherine Barren ................... .......................... —Name of Applicant for permit of 3000 Reeve Avenue Mattituck New York . Street and Number ( ) PERMIT TO USE Municipality State ( ) PERMIT FOR OCCUPANCY ( X) Permit for two accessory structures in•sidd,yard. 1. LOCATION OF THE PROPERTY ............3000......Reeve..Avenue? Mattituck, New York R-40 ........................................ Street /Flantlet........................................ / Use District on Zoning Map District 1000 Section 100 Block O1 Lot 06 ---•-•-•--•—..Current Owner Catherine Barren Lor No. prior Owner McNulty 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by nurnber. Do riot quote the Ordinance.) Article III Section 100-30 A.4. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62. Cons. Lows Art. 16 Sec. 280A Subsection 3 ( 4. PREVIOUS APPEAL A previous appeal (hos) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No . ................................ Dated ............ ...............T........................................ REASON FOR APPEAL A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that the premises contain a garage and shed which were constructed 35 years ago in the -side yard of the premises. ", r•w�"Form .zn� (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the garage was constructed in 1962, shortly after the house was constructed, and was attached to the residence with a fence which still exists. The owners applied for and were granted a permit for an addition in 1985, copy attached, which clearly shows the existence of the garage. The shed was added sometime thereafter. Relocation of the structure would be financially prohibitive. Applicant has been unable to obtain further information because Mr. Harren is deceased and Mrs. Harren is mentally incompetent and unable to remember any details about the construction. The date of construction is established by the accompanying affidavit of Henry Lutz, the original of which is on file with the Building Department. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this is a large lot and the structures are modest in comparison. The sideyard exceeds 30 feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of the property will not change. It will continue to be a single family residence with a frame garage and accessory shed as it has existed for 35 years. STATE OF NEW YORK ) ss............................................................... COUNTY OF SUFFOLK ) Abigail A. Signature Sworn to this ................................ ......'................. day of.....................J.uly........................... 19 97 otary Public ......................... IM NOTARY ITOL C, Stateofof York Nu. 4851459. Suffolk County Term Expires August 18, li. w GUARANTEED T0: SURVEYED BY: STANLEY J. ISAKSEN; JR ANTHONY N. ABATE PO. BOX 294 , TINA M. ABATE NEW SUFFOLK, N.Y. 11956 FIDELITY NATIONAL TITLE INS. CO. NORTH FORK BANK TOWN OF SOUTHOLD Guarantees indicated here on shall run LICEN D AND S0rr E only to the person for whom the survey Unauthorized alteration or addition to thi- YS Lic, o 49273 ,i 'is prepared, and on his behalf to the survey is a violation of Section 7209 of title compcny, Govern,entc:l Agency, 'he New York State Edvcction Law. lending instit0ion, if listed hereon, and i tc the cssignees of the lending institution, guarantees are not trans4r;.,[Aj to ldditional institutions or s• bsrquant owners, Copies of this survey map not bearing tho Land Surveyors embossed seal shall not be considered to be a valid Irv," 97R 62i ` A SOUNUvtc:W— AVE A / V R=100. 00' �A = 131.65' 'v MAP OF SUBDIVISION OF SALTAIRE ESTATES `F LOT 9 I LOT 23 W N 73` 00' 30t� r 226.34' FD CN r✓O RA rI FC NCE - _-- FO CM FO CM w N oN' G N40.8 N zt,a_ ASPHALT QW N ^FwRAAdE q GARAGE JR4 M[ cj i W jS 40.4' zz.s N' I S TORY ` N „_j WOOD lirJ "- z.d FRAME 'r•s' F Z9.5' k s'HCr� z W 4a RESIDENCE s a M ' 378 .8 `. L1J Q _ G) LL1 a� LL z `U Wc) a-, , 6 N CO FD CY FO CN FD CN z - S 73° 00� 30�t W 237.27' MAP OF SUBDIVISION OF SALTAIRE ESTATES i LOT 10 LOT 22 Yh TM Inco- 100 -OI- 06 MAP OF SLIRVFYED 15 APRIL 1997 ' SCALE 1 "= 40' D ESCRi3ED • PROPERTY AREA- 34,646.12 S.F or SITUATE 0.7954 4CFYFS MATTI TUCK (OREGON) TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. SURVEYED FOR: ANTHONY N. ABATE TINA M. ABATE GUARANTEED T0: SURVEYED BY: STANLEY J. ISAKSEN; JR ANTHONY N. ABATE PO. BOX 294 , TINA M. ABATE NEW SUFFOLK, N.Y. 11956 FIDELITY NATIONAL TITLE INS. CO. NORTH FORK BANK TOWN OF SOUTHOLD Guarantees indicated here on shall run LICEN D AND S0rr E only to the person for whom the survey Unauthorized alteration or addition to thi- YS Lic, o 49273 ,i 'is prepared, and on his behalf to the survey is a violation of Section 7209 of title compcny, Govern,entc:l Agency, 'he New York State Edvcction Law. lending instit0ion, if listed hereon, and i tc the cssignees of the lending institution, guarantees are not trans4r;.,[Aj to ldditional institutions or s• bsrquant owners, Copies of this survey map not bearing tho Land Surveyors embossed seal shall not be considered to be a valid Irv," 97R 62i of thTheform-S. Environmental Quality Review Act requires submission r and an enviro•nrientsl review will uede Ly this Board before any action is taken. R:a SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information it the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any on has been Yes the swered nificant and completed1 Env ironmentalnAssessment Formprois�necessarye sig - (c) If all questions have been answered No it is likely that the project is not significant. : (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter -or have a large effect on anexisting body of water? 4. Will project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? Yes X No Yes -: X NO _Yes _X_No - Yes X No Yes X No _Yes X No 7. Will project result in a major adverse effect on air quality? _Yes X -No 8. Will project have a major effect on visual char- acter of the community or kn scenic views or vistas own . to be important to the community? X No 9. _Yes Will project adversely impact any site or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical envircnmental area by a local.agency? X Yes No 10. Will project have'a major effect on existing or future recreational opportunities? 11. _Yes Will project result in major traffic problems or g No cause a major effect to existing transportation Systems? X . _ Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? X No 13. _Yes will project have any impact on public health or safety? X No 14. __Yes Will project affect the existing community by directly causing a growth in permanent popula- tion of more than S percent over.a one-year period or have a major negative effect an the — character Yes X No of the community or neighborhood? 15. Is there public controversy concerning the Preparer's SignatureRepres1ga1 project? 44106,z '�._ _Yes X No � Representing, 1C am ZSA 4/75 Date: - 14-16-4 (2187)—Text 12 ' PROJECT I.D. NUMBER 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Proiect SDonsorl 1. APPLICANT /SPONSOR 1 2. PROJECT NAME ABIGAIL A. WICKHAM, Guardian of the T A • Municipality Mattituck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 3000 Reeve Avenue, Mattituck, New York East side of Reeve Avenue approximately 514 feet southerly from Soundview Avenue 5. IS PROPOSED ACTION: O New O Exoansion IMModlflcatlon/alteratIon 6. DESCRIBE PROJECT BRIEFLY: Permit for two accessory buildings in side yard. 7. AMOUNT OF LAND AFFECTED. Initlally acres Ultimately acres 8. WILL PROPOSED�1ACT;ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes 9&- If No. describe briefly Variance required from Southold Town 9. WHAT'IS PRESENT LAND USE IN VICINITY OF PROJECT? l--! MO Residential O Industrial O Commercial O Agriculture ❑ Park/Forest/Open space O Otner Describe: A single family residence with a frame garage and accessory shed. 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? Yea O No If yes, list agency(s) and permit approvals Southold Town Building Department 11. 1l ----!DOES ANY ASPECT OF THE ACT( ;N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? t_I Yes I�x N1 It yec, list agency name and permit/approvat 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Abigail A. Wickham, Guardian of the property Applicant/sponsor nam,: f Catherine Harren Date: 7/10/97 Signature:qao s f lJ(/ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER -(Continued--on reverse side) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Abigail A. Wickham As'Guardian of the Property of Catherine Harren B. Is the subject premises listed on the real estate market for = sale -or being shown to prospective buyers? '( X) Yes ( ) No. (Sf Yes, please attach copy of "conditi on ,, of sale-) Property was sold on June 3, 1997 to Anthony N. and Tina M. Abate C. Are there any proposals -tm change -or alter land contcurs? ( ) Yes (g} No D. 1. Are there any areas which contain wetland grasses? No 2. Are the wetland -areas shown on the map submitted with this application? No - 3. Is the property.bulkheaded between the wetlands area and the -upland building area? No .4. If your property contains wet1-S or pond areas, have You contacted the Office of the Town Trustees for its 'determination of jurisdiction? N,A E. Is e...t' c -on a depression: -Or sloping. -elevation near the area of proposed 'construction _at',or- below . five feet above mean sea level?.,._ N.A: (If,'not. applicable, state F: Are, st any patios ,'concrete barriers, bulkheads or fences "which exist and are not shown on the survey map that -you are -- submitting? None Tf.none exist, please state "none." Do You -have any construction taking place -- concerning your premises?:; at this time Of your building None If Yes, please_ submit. a copy g permit and map,as approved by the Building Department. If none, please state. H- Do you or -any co-owner aisd own other land close to this parcel? --A�C—1 If yes, please explain where or submit copies of deeds. I- Please list present use or operations condu tt Parcel single family residence', garage and accessory bul this proposed use & __ ingna 7/10/97. 'Aut,orized Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN — The Town of Southold - TRUSTEES — The Board of Trustees of the Town of Southold. [Added &5-84 by L.L. No. 6-19841 WE17-'LNDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by J NA 6-1985k A. "i1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meadows, flats or other Iow lying lands subject to tidal action: (2) All banks, .bogs. meadows, . flats and tidal marsh subject to such tides and upon'which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgra -=d/c (3) x111 land immediately udjacent to a tidal Retland as - defined in Subsection A(2) and lying within seven- ty-five (75) "feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: . (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1. § 2.1-0107. Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Lav of the State of 'Nenv York: and (2) All land immediately adjacent to a "fresh«-ater wet- land." as defined in Subsection B(1) and lying. with- in seventy-five (75) feet landward of the most land- %vard edge of a "freshxvater wetland." 9705